Motor Carrier CDL Issues AAMVA Region 1 Conference

Motor Carrier CDL Issues AAMVA Region 1 Conference Baltimore, MD July 20, 2011

Topics • CDL Medical Certificate Implementation • CDL Permit/Testing Requirements • Roundtable Discussion

Medical Certification as Part of CDL • Final Rule published – December 1, 2008 • Final Rule effective – January 30, 2009 – 49 CFR Parts 383, 384, 390 & 391 • State Compliance – January 30, 2012 • All CDL holders self-certify – January 30, 2014

Driver Requirements • All new CDL applicants must certify to SDLA starting January 30, 2012 that they are: Ø Engaged in interstate commerce and subject to Part 391 requirements; Ø Engaged in interstate commerce and excepted from Part 391 requirements; Ø Engaged in intrastate commerce and subject to State requirements; or Ø Engaged in intrastate commerce and excepted from state requirements • Current CDL holders – By January 30, 2014

Driver Requirements (cont. ) • All new CDL applicants engaged in interstate commerce and subject to Part 391 must also provide original/copy of medical examiner’s certificate to SDLA prior to issuance of CDL starting January 30, 2012 • Current CDL holders – By January 30, 2014

State Requirements • All CDL Holders: Ø Post medical certification status on CDLIS driver record • Interstate CDL holders subject to Part 391: Ø Post medical certificate data on CDLIS driver record within 10 calendar days Ø Not issue CDL if “not certified” • Provide information to authorized users and their agents

State Requirements (cont. ) • Update medical certification status within 10 calendar days • Medical variance - Place restriction code “V” on CDL and CDLIS driver record • Downgrade CDL within 60 days if “not certified” • Notify driver of downgrade to “intrastate only”, “excepted interstate” or “not qualified”

Motor Carrier Requirements • Continue to maintain medical examiner’s certificate in the driver qualification file • As of January 30, 2012 Motor Carrier must: – Verify medical status on motor vehicle record (MVR) – Place MVR in driver qualification (DQ) file – Place copy of any medical variance in DQ file – Perform verification when employed and at least annually

Motor Carrier Requirements (cont) • After January 30, 2014 a non-excepted, interstate CDL holder without medical certification status information on the CDLIS MVR is designated “not certified” to operate a CMV in interstate commerce and a motor carrier must not permit the CDL holder to operate a CMV in interstate commerce.

CDL Testing and Commercial Learner’s Permit Standards

Rulemaking Summary • Effective Date of Final Rule – July 8, 2011 • Compliance Date – July 8, 2014 • Addresses 17 major issues: Ø Revised CDL knowledge and skills testing requirements Ø New CLP/CDL issuance requirements Ø Other CLP/CDL regulatory changes

1. Strengthen Legal Presence Requirement • Issue CLP/CDL only to: Ø U. S. Citizen Ø Lawful permanent resident of U. S. • Issue Non-domiciled CLP/CDL to persons with: Ø Temporary legal presence Ø Indefinite legal presence, or Ø From a State that had its CDL program decertified

1. Strengthen Legal Presence Requirement (cont. ) • Require proof of: a) U. S. Citizenship/Permanent legal presence b) Temporary/Indefinite legal presence • Proof of domicile in State Ø Document with name and residential address in State

4. CDL Testing Requirements for Out. Of-State Driver Training • CLP issued only by State of Domicile • CLP holder may take driver training in any State • Take skills test in State of training • State of training sends skills test to State of domicile – process still to be determined. • State of Domicile is required to accept out-ofstate skills test scores

6. Minimum Standards for Issuing CLPs • Pass Knowledge Test to Obtain CLP • CLP – Separate document from CDL/Non-CDL • CLP document - Same tamperproof requirements as CDL except photo is prohibited on the CLP • Record CLP in CDLIS • Not valid without underlying non-CDL/CDL • Must be accompanied by valid CDL holder

7. Maximum Initial/ Renewal Periods for CLP/CDL • Initial validity/renewal periods for CLP Ø Initial validity up to 180 days Ø Renewal for additional 180 days without retesting for knowledge • Initial validity/renewal periods for CDL Ø Average current period of validity = 5 yr. Ø Maximum issuance period is 8 years.

9. Preconditions to Take Skills Test • Initial CLP must be issued for 14 days before skills test ØRationale – Applicant needs behind the wheel training and practice before taking license test • Separate rulemaking on proposed entry level training before skills test. Final rulemaking expected Fall of 2011.

11. Methods of Administering CDL Tests • Eliminate use of interpreters for knowledge and skills tests ØApplicant and examiner fraud found in use of interpreters • English only for skills tests – bilingual or multilingual examiners may not test in languages other than English ØNeed immediate response to verbal commands and instructions in English

12. Update Federal Knowledge and Skills Test Standards • Jurisdictions required to use an FMCSA preapproved State Testing System that meets the minimum requirements established by the Final Rule and that is comparable to the AAMVA 2005 CDL Test System (July 2010 version) which FMCSA approved in the Final Rule.

15. Motor Carrier Prohibitions • Until Final Rule was published, motor carriers were only prohibited from allowing disqualified driver to operate CMV • Motor carrier is now prohibited from allowing drivers to operate CMV with: Ø No CLP or CDL Ø CDL without proper class/endorsements

17. Incorporate CDL Provisions of SAFE Port Act (2006) • States must disqualify a CDL holder if the holder has been convicted of fraud related to the CDL application or testing process. • CLP or CDL holder must make appointment to re -test within 30 days of notification • Fraud prevention/detection: State out of compliance, if: Ø Fails to impose adequate internal controls Ø Fails to take adequate corrective action • Impose sanctions against State for noncompliance

17. Incorporate CDL Provisions of SAFE Port Act (cont. ) • State and Third Party Examiners: Ø Requires national criminal background checks Ø Decertification of examiners with any conviction for fraud Ø Decertification of examiners with any felony conviction within the past 10 years

17. Incorporate CDL Provisions of SAFE Port Act (cont. ) • Requires State knowledge and skills test examiners to successfully complete a formal CDL test examiner training course and examination before certifying them to administer CDL knowledge and skills tests • Requires 3 rd party skills test examiners to successfully complete a formal CDL test examiner training course and examination before certifying them to administer CDL skills tests

17. Incorporate CDL Provisions of SAFE Port Act (cont. ) • Requires State and 3 rd party CDL test examiners to successfully complete a refresher training course and examination every 4 years • Third Party Testers and Examiners: Ø Examiners – minimum of 10 skills tests/year or either take refresher training or have a State examiner observe the examiner administering a CDL skills test

Questions?

Contact Information Kevin Lewis Director, Driver Programs 703 -908 -2823 klewis@aamva. org Karen Morton Director, Driver Licensing 703 -908 -8268 kmorton@aamva. org